Brain Injury Claims
Does your claim qualify? Get free, no obligation advice!
No one expects their life to change in an instant, but when it comes to brain injuries, the unexpected becomes reality. Whether it’s you or a loved one who has suffered, the physical, emotional, and financial toll can be overwhelming. If you or someone close to you has experienced a brain injury due to someone else’s negligence or a workplace accident, you could be eligible to claim compensation.
It’s hard to imagine an injury more serious than a brain injury; or a head injury which causes permanent brain damage. After all, the brain is the human body’s control room – controlling our movements and thoughts, our speech and our memories, our involuntary reflexes and even our personality.
Brain injury can cause significant trauma and distress, both for the victim and their wider family. This is why it’s so important that those who have suffered a brain injury through no fault of their own, for example in a road traffic accident or following medical negligence, are helped on the road to securing brain injury compensation claim.
Find out more about making a serious injury claim.
We know money can never turn the clock back and repair the often devastating effects of a head injury, but it can go someway towards making rehabilitation and recovery a smoother and more comfortable process.
We are ready to help you make initial steps to claiming a head or brain injury compensation, whether it’s for you or for a loved one who doesn’t have the mental capacity to do it for themselves.
For a free initial consultation, simply call our trained advisers who are highly experienced in understanding how hard this is for families. Talk to us on phone number 0800 234 6438 for free or contact us here and request a call back.
When you call our trained advisers on 0800 234 6438, we will talk you through the accident, explain the no win no fee claim process and partner you with the right personal injury solicitors for you.
We can help you claim maximum compensation by bringing a no win no fee claim under a conditional fee agreement, with the support of specialist solicitors who are authorised and regulated by the Solicitors Regulation Authority (SRA).
No win no fee removes the financial risk of bringing a claim, because you will not have to pay out anything if you do not win.
A brain injury is classed as traumatic or non-traumatic, depending on the cause. A traumatic brain injury, such as a blow to the head, can cause irreparable damage and in the worst cases, lead to serious and permanently physical and/or mental disability.
Traumatic brain injuries are typical following road traffic accidents, accidents at work and falling from heights.
A non-traumatic brain injury – also known as ‘acquired brain injury’ – can be caused by, for instance, strokes, oxygen deprivation, a tumour, disease such as meningitis, or an incident such as near drowning. Acquired brain injury is often caused by pressure on the brain.
The most common brain injury can lead to:
A head injury can lead to a wide range of physical, mental and emotional symptoms. One person may experience very different symptoms to another injured person, depending on the particular injury.
Sometimes, the symptoms following brain injury are mild and short term. For example, a person injured in a road traffic accident they may lose consciousness; they may vomit as a result of mild concussion – but they recover relatively quickly. Find out more about bicycle accident compensation.
But in serious brain injury cases where the brain injury is acute, the physical symptoms are serious and potentially lifelong. In addition to physical symptoms, the injured person can suffer mood swings and other personality and mental health problems – which may continue (and sometimes worsen) long after their physical recovery.
Get in touch straightaway for a free consultation and legal advice about starting your no win no fee brain injury claim.
FACT
Traumatic head injury is a leading cause of death and disability worldwide with the highest incidence among men. Around 1 million people affected in the UK have long-term brain injuries as a result
Anyone who has suffered a brain injury as a result of an accident that was someone else’s fault should be able to make a no win no fee brain injury claim. So if you (or a loved one) has suffered a brain or head injury through no fault of your own, it is really important to start the personal injury claims process as early as possible because of the potentially significant impact on your life.
The reality is, most accidents happen because of negligence or a breach of someone’s duty of care. So in these cases, we can help you make a brain injury claim for the compensation you deserve. In a negligence claim, your brain injury solicitors will have to demonstrate that the head injury was a direct result of someone’s negligence or breach of duty.
Whether you’re a worker, an employee or a member of the public, you can make a personal injury claim.
Yes, is the short answer. Sadly, the nature of many head injuries is that the injured person is unable to make decisions for themselves, sometimes for a lengthy period of time. Fortunately, you can make a claim on behalf of someone else if you are a close relative.
A parent, for example, can bring a claim on behalf of their child – including adult children who have been injured but cannot deal with matters independently.
In those cases where there are no close relatives who can bring brain injury claims on behalf of the injured, the court can appoint someone else to enable these injury claims to proceed.
A traumatic brain injury is caused by something external, whether that’s a blow to the head or a flying object hitting the head; a severe jolt; or even something piercing the skull. These types of accident can happen in all types of settings in every day life and in the workplace. For example:
FACT
A consultant neuropathologist at a Glasgow hospital warned in December 2020 that professional football and rugby face huge litigations claims if urgent action is not taken to combat head and brain injuries. Following research, Dr Willie Stewart said there is clear evidence of links between playing football and rugby, brain injury and dementia
Brain injuries can be mild (a mild brain injury is often referred to as ‘concussion’) but in many cases they are often severe, causing lifelong mental or physical disability. It is not uncommon to be unsure whether you can sue for brain damage.
Reassuringly, if the brain injury was someone else’s fault, the law says you can make a brain injury claim – even in the mildest of cases. Importantly, injury compensation reflects the seriousness of the particular injury that has been caused, as well as its effects on your life and finances.
Someone who has suffered brain damage following an accident or medical negligence may be left unable to work for a lengthy period or time – if at all. But they may also need to find the funds to pay for adaptations at home, an ‘accessible’ vehicle, the costs of ongoing medical treatment and physiotherapy and, potentially the cost of care. There may also be further medical costs.
Fortunately, the law allows brain injury compensation claims to include the reasonable costs of all these items, even those that you expect to have to pay for in future. Your specialist brain injury solicitors will discuss these important issues with you before a formal brain injury claim is made.
Given the seriousness of brain injuries, the injured person’s life may never the same again. They may be unable to work or to resume the hobbies they’ve enjoyed; they may struggle with family life; and may be unable to enjoy any meaningful social life.
Fortunately, brain injury compensation awards are structured to reflect serious injury, including the long term effects on the individual. How much a brain injury claim is worth in the UK therefore depends on many factors, include the seriousness of the injury and the prognosis for recovery.
Compensation for the actual injuries and their physical impact is known as ‘general damages’ and there is no set amount for brain and head injuries. No brain or head injury is the same – some injuries, for example, cause lasting brain damage while other injuries result in no permanent symptoms.
That said, there are formal guidelines that give a range of what compensation is appropriate. The compensation awarded for brain injury claims do, therefore, vary greatly to reflect the actual injury and its effects. For example:
To put this into a helpful context, a 48-year-old man suffered a brain injury after he banged his head against a low doorframe in a dimly-lit cellar in March 2015 while at work. He suffered physical symptoms including sleepiness and was admitted to hospital a few days later.
He returned to work for the travel company but only lasted a matter of hours before having to leave. Since then, he has been unable to work or function properly and has ongoing cognitive and other physical and neurological symptoms.
The employer admitted liability for the accident. The judge awarded him £40,000 in general damages; £136,213 in past loss of earnings and £298,379 for future loss of earnings. He was also awarded special damages for future treatment, care and assistance and other costs.
Brain injury claims can be complex because they are often a serious injury causing permanent physical and mental disabilities. Even if the other side admits liability, it can take a long time to gather all the information required to enable your brain injury solicitors to make begin informed negotiations to reach a fair settlement.
There may, for instance, be a number of different medical reports required to ensure your solicitor has a full picture of the impact of the injuries on you and what’s required in future for your recovery and rehabilitation.
You need to know that your solicitor will not advise settling your claim until it is known what the long term impact of your injuries is likely to be. For these reasons, it could take a long time to conclude a brain injury claim so it’s important to start the ball rolling early on.
Thankfully, despite all this, most brain injury claims settle before court action becomes necessary. However, if court was to become a possibility, your solicitor will talk you through the process involved.
Get in touch with us today on phone number 0800 234 6438 for a free initial consultation and we can guide you through the claims process of securing brain injury compensation.
The vast majority of personal injury cases settle before going to court and your personal injury lawyer will work hard to agree a settlement at an early stage.
In some cases, it is possible to secure interim compensation to help you before your claim finally settles. If you need access to funds early on because of the extent of the brain injuries, for example to pay for occupational therapy or other specialist treatment, make sure you talk to your brain injury solicitors as soon as possible.
However, bear in mind interim payments can only be made if the other side has admitted liability. If they do admit responsibility for the brain injury, an initial compensation payment can be made by the insurer to enable certain costs to be met. This will then be deducted from the final settlement once agreed.
Your solicitor will be able to discuss your immediate and short term needs with you and negotiate an interim payment, where responsibility has been accepted.
However you sustained the brain injury, if it was someone else’s fault you can make a claim. When deciding to make a brain injury compensation claim for brain injury, it is always advisable to make sure you choose an injury solicitor who has proven expertise in brain injury compensation.
It is worth checking for brain injury lawyers who are members of both Headway (the brain injury association) and the Brain Injury Group:
Headway is a leading British charity providing help and assistance to brain injury victims and their families, including rehabilitation programmes, care workers, community work and social reintegration. Brain injury lawyers have to adhere to a strict code of conduct to qualify for Headway’s recommendation. You should always make sure that your solicitor has been awarded this accreditation.
The Brain Injury Group brings together different organisations and solicitors from around the UK that offer help and support to anyone who has suffered a brain injury. All solicitors who are members of the scheme have vast experience of dealing with these types of serious injuries and getting the brain injury compensation that injured clients deserves.
When you first speak with your solicitor, have as much information to hand as possible. This will make it easier for you to answer their initial questions and obtain the best possible early advice.
For that reason, gather as much information as you can about what happened and the impact on you and your life. For instance, if the brain injury was caused in a workplace crush accident, check with the employer that the incident was reported to the Health & Safety Executive and request any report that has been issued.
FACT
Concussion is a mild brain injury and can cause dizziness, nausea and vomiting, imbalance and disorientation, slurred speech and visual problems
Claiming compensation for a brain injury can be daunting, but the proper support means you can make it through the process and receive the money – and justice – you deserve. The main difference between a traditional solicitor and a no win no fee one is the traditional solicitor charges an hourly fee.
You’ll have to pay for their services throughout the process. This means you’re spending a lot of money on the case, but there’s no guarantee of winning. If you lose the claim, you’ll be worse off financially, making this route less popular than no win no fee compensation.
No win no fee means you don’t pay anything unless the solicitor wins your case. There are no financial risks, just ongoing support and a fee your solicitor will take should they win the case.
Your solicitor will attempt to collect evidence on your behalf, but you can speed up the process by gathering proof of negligence. If possible, try to do the following:
Brain injuries are often extremely serious, which raises particular challenges. One of the issues that your solicitor will need to consider is what the full extent of your injuries are or will be.
For example:
At an early stage in your claim, your solicitor will need to see your medical records. Then, to get more information about these questions, expert medical evidence from specialist doctors will become necessary. At the right time, your solicitor will arrange this for you so you won’t need to worry.
The specialists will look into the full background to your injury, examine your medical history since the accident, examine you carefully and discuss your ongoing physical limitations and symptoms.
The expert/s will then write a detailed report setting out his or her view on your brain injury and the longer term prognosis. Your lawyers will rely on this to negotiate a fair settlement for ‘general damages’ to compensate you for your injury, pain and suffering.
There are general rules setting out the time limit in which personal injury compensation claims should be brought. The law states that you have three years from the date of the accident to start legal proceedings for compensation. After three years, you may be ‘time barred’ from making a brain injury claim.
However, this 3-year period does not apply if the victim does not have mental capacity to bring a claim because of the brain injuries caused. For example, the injured party may be a family member who has been left in a coma or does not yet have mental capacity to bring proceedings on their own.
Instead, the 3-year period starts to run only when the individual has regained their capacity. This can be a complex issue in some brain injury cases, so if in doubt always talk to your specialist solicitor.
If you want to make a brain injury claim on behalf of a child, you have until they reach the age of 21 years to start a claim. However, it is always sensible to start the ball rolling as soon as you can while events are fresh in your mind.
To find out how we can help you make your claim, get in touch as soon as you can and speak with us on 0800 234 6438, or arrange a call back using the claim form on this page.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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